Kimberly Proctor's burned body was found near Galloping Goose Trail along the Langford-Colwood border on Vancouver Island in March 2010. She had been raped, tortured and murdered by two young offenders. The family is fighting for changes to the Young Offenders Act and how the law and schools deal with troubled teens. (Facebook files)

Below is the text of Kimberly’s Law, a proposal from the family of Kimberly Proctor, a Victoria-area teen who in 2010 was lured to a house by two teens before being raped, tortured and murdered. Her burned body was left in a ravine.

Proctor’s family plans to formally introduce the proposals to reform the country’s Young Offenders Act at a news conference on Wednesday.

Have you or someone you know been the victim of a young offender? The Province would like to hear from you and what you think about this plan. Please email tabtips@theprovince.com.

KIMBERLY’S LAW

Proposals to Reform the Young Offender System in British Columbia and Canada

1. THREAT ASSESSMENT PROTOCOLS

Schools must be safe and healthy places for students to learn and grow. Schools across Canada should implement threat assessment protocols to identify students (or others) who have made threats or engaged in threatening behaviour as witnessed by family, peers or educators. The goal of the protocol is to ensure the safety, well-being and security of all persons at schools and to prevent harm. Some local school boards have already developed threat assessment protocols and work in co-ordination with counselLing services, social workers and local law enforcement. This should be regulated by Provincial Statute.

2. MANDATORY COUNSELLING AND TREATMENT

Young persons are defined as 12-17 years of age in Provincial and Federal statutes. A goal should be to identify and administer troubled youth before they commit harm. Isolated, aggressive or problematic students (or dropouts), are often known to their peers, family or educators. Some advertise their “issues” on social media; others, through word of mouth, reputation and action. If such young persons are identified in a Threat Assessment Protocol then social workers or counsellors should determine a risk of harm and a treatment plan if necessary. Involuntary treatment should be mandated by the Provincial Court.

3. PARENTAL RESPONSIBILITY

The primary source of information, control and responsibility for young persons remains with parents. Parents need to be held civily liable for the actions of their young persons subject to a “due-diligence” defence. The Parental Responsibility Act, S;B.C. 2001, Chapter 45 provides limited civil action relief for victims of property-related crimes. The Act should be amended to include civil relief for damages from injury to a person or loss of life. The compensation for such damages could be limited to a maximum amount of $25,000. Such financial penalty may deter otherwise uninvolved parents to take more control for the violent actions of their children or seek outside assistance.

4. TRANSFERS TO ADULT COURT

Transfers to adult court for violent young offenders who have been convicted of first- or second-degree murder are not automatic. A 16-year-old possesses sufficient maturity, responsibility and accountability for their actions. There should be automatic adult court transfers for young offenders aged 16 or older who are charged with first- or second-degree murder.

5. PUBLICATION OF YOUNG OFFENDER NAMES UPON GUILTY PLEA

The public is currently barred from knowing the names of young offenders until sentencing. Notwithstanding, the media is free to publicize the name of the victim including the details of the crime at any time in the process. “Innocent until proven guilty” only applies until guilt is determined or admitted. Once a young offender has pled guilty, his or her name should be made public.

6. TRUTH IN SENTENCING

Young persons sentenced as “adults” for first- or second-degree murder do not receive the same incarceration period as adults. The incarceration period or “life sentence” for an adult convicted of murder is 25 years but only 10 years for a young person. A life sentence for a young offender tried as an adult should be the same as an adult or the “adult sentencing” terminology needs to be abolished. The public should not be misled that a young person sentenced as an adult for murder will receive a 25-year adult sentence.

7. INTERIM CUSTODY

Young persons who are charged with first- or second-degree murder under the Criminal Code should be detained in custody separate and apart from other young persons in the same facility. This will ensure that other young inmates are not exposed or traumatized by boastful details of the crimes committed by those charged with first- or second-degree murder.

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